Case Note & Summary
The petitioner, a minor girl, was a child in conflict with law lodged at the Government Girls Observation Home, Amravati, for an offence under Section 302 of the Indian Penal Code. She was also a victim of sexual assault, leading to the registration of Crime No.101/2021 under Section 376 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012. During investigation, she was found to be pregnant. The petitioner sought permission to terminate her pregnancy, which was of 12 weeks at the time of filing, citing economic hardship and the unwanted nature of the pregnancy due to sexual assault. The Court called for a Medical Board report, which opined that the pregnancy was of 16 weeks and that the petitioner had consented to termination. The Court considered the provisions of the Medical Termination of Pregnancy Act, 1971, particularly Sections 3 and 5, and held that continuing the pregnancy would violate the petitioner's personal liberty under Article 21 of the Constitution. The Court noted that the petitioner was a minor and a victim of sexual assault, and the pregnancy was unwanted. The Medical Board's report confirmed her consent. The Court directed the respondent No.2, District General Hospital, Amravati, to terminate the pregnancy in accordance with law, ensuring that the procedure is conducted safely and with due care. The petition was allowed, and rule was made absolute.
Headnote
A) Medical Termination of Pregnancy - Minor's Consent - Unwanted Pregnancy - The petitioner, a minor child in conflict with law and victim of sexual assault, sought termination of pregnancy of 16 weeks. The Medical Board reported her consent. The Court held that continuing the pregnancy would violate her personal liberty and cause mental trauma. Permission granted for termination under Section 3 of the Medical Termination of Pregnancy Act, 1971, read with Section 5, considering the minor's consent and the circumstances of sexual assault. (Paras 1-6) B) Personal Liberty - Reproductive Autonomy - Article 21 of the Constitution of India - The Court recognized that an unwanted pregnancy resulting from sexual assault infringes upon a woman's right to reproductive autonomy and personal liberty. The Court directed the respondent hospital to terminate the pregnancy, emphasizing that the minor's consent and the Medical Board's opinion were sufficient. (Paras 5-6)
Issue of Consideration
Whether a minor child in conflict with law, who is also a victim of sexual assault, can be permitted to terminate her pregnancy of 16 weeks under the Medical Termination of Pregnancy Act, 1971, considering her economic hardship and the unwanted nature of the pregnancy.
Final Decision
The petition is allowed. The respondent No.2, District General Hospital, Amravati, is directed to terminate the pregnancy of the petitioner in accordance with law. Rule is made absolute.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Sections 3 and 5
- Right to reproductive autonomy
- Personal liberty under Article 21
- Minor's consent
- Unwanted pregnancy due to sexual assault
